Practice question
An experienced adult freely elects a proved, understood ordinary risk and takes care while participating. The defense otherwise satisfies every applicable requirement. Does careful conduct alone negate assumption of that risk?
- Yes, expertise automatically eliminates every risk
- Yes, care and acceptance are mutually exclusive
- Yes, only careless exposure is voluntary
- No
- Yes, the claimant’s precautions erase prior understanding
Legal references
- Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Abrogar v. Cosmos Bottling Co., G.R. No. 164749, March 15, 2017, MAIN decision: https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html
Answer this question in flashcards to review your response and continue practicing.